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Going Postal Penn State Journal of Law & International Affairs Volume 8 Issue 1 May 2020 Going Postal: President Trump and the United States' Tumultuous Current Relationship with the Universal Postal Union, and Its Effect on the International Shipment of Opioids Logan Nagle Follow this and additional works at: https://elibrary.law.psu.edu/jlia Part of the International and Area Studies Commons, International Law Commons, International Trade Law Commons, and the Law and Politics Commons ISSN: 2168-7951 Recommended Citation Logan Nagle, Going Postal: President Trump and the United States' Tumultuous Current Relationship with the Universal Postal Union, and Its Effect on the International Shipment of Opioids, 8 PENN. ST. J.L. & INT'L AFF. 264 (2020). Available at: https://elibrary.law.psu.edu/jlia/vol8/iss1/9 The Penn State Journal of Law & International Affairs is a joint publication of Penn State’s School of Law and School of International Affairs. Penn State Journal of Law & International Affairs 2020 VOLUME 8 NO. 1 GOING POSTAL: PRESIDENT TRUMP AND THE UNITED STATES’ TUMULTUOUS CURRENT RELATIONSHIP WITH THE UNIVERSAL POSTAL UNION, AND ITS EFFECT ON THE INTERNATIONAL SHIPMENT OF OPIOIDS Logan Nagle* ABSTRACT The United States has been dealing with several high-profile issues involving the post in recent years. These include momentary issues such as bomb or disease threats. Perhaps the most visible recently has been the international shipment of opioids. While many were dealing with the ever- growing effects of these drugs, most have not realized that boiling just under the surface, the current administration had further qualms with international post. On October 17, 2018, President Trump’s administration suddenly announced the United States’ planned withdrawal from the Universal Postal Union in 2019. The Universal Postal Union is one of the oldest multi-national treaty organizations in the world; older than the United Nations. For over 140 years the Universal Postal Union has been operating to ease the concerns and problems of the international post. Few nations have ever used the withdrawal mechanism in the treaty before; certainly not one of the founding nations nor one as large as the United States. In these unprecedented times, this Comment identifies the history of the Universal Postal Union, and evaluates potential courses of action the President may take to solve the situation. * Logan Nagle is an Articles Editor of The Journal of Law and International Affairs and a 2020 Juris Doctor Candidate at The Pennsylvania State University, Penn State Law. 2020 Going Postal 8:1 TABLE OF CONTENTS I. INTRODUCTION ........................................................................... 266 II. BACKGROUND.............................................................................. 270 A. The Drug Epidemic and Efforts in the United States .. 270 B. United States Postal History ................................................. 278 C. Private Carriers, CTPAT, and other Considerations ........ 281 1. Commercial Carriers ...................................................... 282 2. C-TPAT and Business-Internal International Shipping ........................................................................... 285 D. A Brief History of International Mail ................................. 286 1. History and Formation of the UPU ............................ 286 2. Structure of the UPU and the Modern UPU ............. 292 E. Summary of the Background in the Issues ......................... 295 III. POSSIBLE SOLUTIONS TO THE INTERNATIONAL SHIPPING OF DRUGS ........................................................................................... 297 A. The United States Works with the UPU to Expand and Reform the Use of Advanced Electronic Data Alongside Other Prevention Techniques ......................... 298 B. The United States Works Unilaterally to Solve its Drug Epidemic..................................................................... 301 IV. THE BENEFITS TO EITHER REMAINING IN OR LEAVING THE UPU ...................................................................................... 304 A. Costs and Benefits of Remaining a UPU Member Country ................................................................................. 304 1. The Benefits of Being a UPU Member Country ....... 305 2. The Costs of Being a UPU Member Country ........... 306 B. Costs and Benefits of Leaving the UPU .......................... 309 V. SUMMARY AND CONCLUSION........................................................... 312 265 2020 Penn State Journal of Law & International Affairs 8:1 I. INTRODUCTION The drug problem in the United States is common knowledge and one that unfortunate masses feel daily. While many individuals may envision this epidemic beginning in the shady alleys and dangerous home-labs of the world, it often has a more inconspicuous way of entering our communities—the postal system. From 2013 to 2017, over twelve tons of illicit opioids were seized entering the United States.1 Yet during this time opioid-related deaths rose to over 42,000 in 2016,2 and are continuing to rise—provisional results have 2017 opioid-related drug deaths nearing 50,000 people.3 While efforts have been made to improve the situation, both from Customs and Border Patrol4 and the United States Postal Service,5 clearly the efforts have not made enough of an impact to slow the overdose epidemic. Some congressional leaders have begun to investigate and propose solutions to the issue of drug shipments, including Senator Claire McCaskill, and Senator Rob Portman – sponsor of the Synthetics Trafficking and Overdose Prevention Act (“STOP Act”)6 1 SENATE COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS, 115th CONG., COMBATING THE OPIOID EPIDEMIC: INTERCEPTING ILLICIT OPIOIDS AT PORTS OF ENTRY, at 1 (May 10, 2018) (Claire McCaskill, ranking member, authored the report) (herein S. COMM. McCaskill 2018). 2 Id. at 2. 3 NATIONAL INSTITUTE OF HEALTH, OVERDOSE DEATH RATES (revised Aug. 2018), https://www.drugabuse.gov/related-topics/trends-statistics/overdose- death-rates. 4 S. COMM. McCaskill 2018, supra note 1, at 4-5. 5 See USPS, USPS WORKING AGGRESSIVELY TO STEM FLOW OF ILLEGAL DRUGS ENTERING UNITED STATES, (Jan. 24, 2018) http://about.usps.com/news/statements/010418.html. The USPS self-reports a 375% increase in international postage drug parcel seizures, and an 880% increase in domestic opioid parcel seizures. 6 The STOP Act of 2017 was proposed to close some loopholes with federal mail while working with in the constrains of the Universal Postal Union to acquire manifests in the form of AED (Advanced Electronic Data) from incoming shipments by private persons into the United States. See generally S.372 — 115th Cong. §§ 6, 7, 8, 10 (2017-2018). 266 2020 Going Postal 8:1 of 2017.7 However, in the eyes of those within the postal system the STOP Act was not yet the right solution: The Postal Service receives international packages from foreign posts, and must therefore secure cooperation from them, including through bilateral and multilateral negotiations, to obtain AED [Advanced Electronic Data] . unfortunately the STOP Act currently does not recognize the relevant distinctions between commercial and postal operators, and also includes provisions that are not directly related to strengthening global security. We have suggested thoughtful modifications to the bill to make it workable and effective and which we can fully support.8 Before the House Subcommittee on Government Operations of the Oversight and Government Reform Committee, Chief Postal Officer Guy Cottrell expressed similar concerns.9 Mr. Cottrell addresses the need to work closely with the Universal Postal Union (“UPU”) to create an international solution to the security issues faced at home.10 The UPU is one of the oldest operating international organizations,11 yet it may be one of the least well known. 7 The STOP Act of 2017, while gaining bipartisan appeal and a large number of co-sponsors, never passed from the committee stage. But see SUBSTANCE USE- DISORDER PREVENTION THAT PROMOTES OPIOID RECOVERY AND TREATMENT FOR PATIENTS AND COMMUNITIES ACT, 115 H. R. RES. 1099 (2018) (enacted), which absorbs the ideas and principles of Sen. Portman’s bill to create the STOP Act of 2018. 8 See USPS, supra note 5. 9 See Examining the Shipment of Illicit Drugs in International Mail: Hearing Before the Subcommittee on Government Operations of the House Committee on Oversight and Government Reform, 115th Cong. at 7 (2017) (statement of Guy Cottrell, Chief Postal Inspector, United States Postal Inspection Service) (expressing the overall usefulness and function of AED). 10 Id. at 5. 11 See generally Treaty Concerning the Formation of a General Postal Union, signed at Bern, signed Oct. 9, 1874, 1874 U.S.T. LEXIS 15. 22 Parties signed the original treaty, but after a quick expansion in membership, the organization’s name changed to the Universal Postal Union (see note 16 post). 267 2020 Penn State Journal of Law & International Affairs 8:1 The UPU is arguably one of the most efficient international organizations for its purpose. The UPU began operations in 1874, and is currently comprised of 192 member states which ensure that your letter arrives at its destination abroad by treating the world as one postal territory.12 Yet the UPU’s mail provisions as they currently stand are helping keep the international mailing of illegal drugs possible. By guaranteeing mail is delivered as originally sealed,13 with no universal system for tracking
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